UPDATED! FPPC Will Investigate Ethics Complaint Filed Against Mari Barke!

Lee Fink of the Brower Law Group just threw something over our transom! Let’s open it and take a look! Why, it’s about … the Marke of the Barke!

RETIRED FEDERAL JUDGE FILES ETHICS COMPLAINT AGAINST ORANGE COUNTY BOARD OF EDUCATION MEMBER MARI BARKE

Complaint Alleges Barke Has Failed to Disclose Millions of Dollars of Reportable Income and Business Interests

SANTA ANA – A retired federal judge today filed a six-count complaint against Orange County Board of Education member Mari Barke, questioning whether Barke failed to properly disclose potentially millions of dollars of income and business interests, submitting false information, under penalty of perjury, in the financial statements she did file.  (Complaint Attached.)

Under the Political Reform Act of 1974, Mrs. Barke is required to disclose all the income, investments, and business interests held by her, as well as her spouse, Dr. Jeffrey Barke, within the County of Orange.  Yet, in the more than five years since she first became a candidate for office and was required to disclose her financial interests, Barke has disclosed only one gift (a $99 gift of “appetizers” in 2019), and never disclosed any income.  Despite not reporting any income or business interests for five years, the Barkes live in a $2 Million home in Rossmoor, and Mrs. Barke has made some $25,000 in political contributions.

Mary Barke, with her baggage.

Mrs. Barke’s apparent failure to disclose any reportable income contradicts her sworn statements about her employment history and public records.  Mrs. Barke holds herself out as an ESL teacher, a profession which she swore under the penalty of perjury that she engaged in when she first sought office, in order to fight off a lawsuit challenging her right to use that designation on the ballot.  Public information (including Federal Elections records, public websites, and LinkedIn profiles) indicates that she is a consultant and/or paid staff member with the California Policy Center, a conservative think tank located in Santa Ana, whose mission is to influence education policymakers such as Barke herself.  Yet Mrs. Barke has not reported any income from working as teacher, consultant, or executive.

Mrs. Barke has also not reported any community property share of income, business and investments, and real property interests of her spouse, as required by law.  Mrs. Barke’s spouse, Dr. Jeffrey Barke, is a concierge physician in Newport Beach.  Information disclosed in a 2020 lawsuit filed against him by Hoag Clinic demonstrates just how lucrative his practice is.  Up until 2018, Dr. Barke was a partner in a medical services company which, according to the Hoag complaint, had assets of at least $1 Million.  Hoag Clinic bought that company in 2018 for an undisclosed sum.  Mrs. Barke was required to disclose her husband’s interest in this business and sale proceeds in her financial disclosures.  Hoag continued to provide medical management services and office space to Dr. Barke and his partner.  Hoag’s records show that just one of three medical practice companies that Dr. Barke owned generated more than $2.5 Million in revenue in 2019, with a net profit of more than $1.1 Million.  Presumably, Dr. Barke continues to have a lucrative practice.  Mrs. Barke was required to disclose her community property interest in Dr. Barke’s income since early 2017.  Additionally, Dr. Barke is the author of at least 50 books, including most recently Covid-19: A Physicians Take on the Exaggerated Fear of the Corona Virus, which is now in its fourth edition.  Between his medical practice and other activities, Dr. Barke has likely earned more than $2 Million in income over the last five years.  While the Political Reform Act requires that Mrs. Barke disclose her community property interest in this income (one-half), she has made no disclosures of her or her husband’s income.

“Disclosure of financial interests is critical for the public to understand the economic interests, and potential conflicts of interests, that a public official has,” said Lynne Riddle, the complainant.  “If my concerns are validated, Mari Barke’s failure to report her income is an abuse of our system of open governance and must be rectified.  Given Mrs. Barke’s purported financial expertise, and her 24/7 access to the Orange County Board of Education’s legal staff, Mrs. Barke’s false disclosures cannot be seen as anything other than grossly negligent or willful.”

Lynne Riddle, the complainant, was a United States Bankruptcy Court Judge for the Central District of California, in Santa Ana, from 1988-2002.  She previously practiced business law in Santa Ana.  She has a doctorate in education from Syracuse University and taught at the university level for several years before earning her law degree from the University of California College of the Law, San Francisco (formerly known as U.C. Hastings College of Law) in 1977.

Under the Political Reform Act of 1974, Judge Riddle has requested that the Orange County District Attorney and/or the Fair Political Practices Commission (“FPPC”) launch an investigation and civil action against Mrs. Barke.  Pursuant to Section 91004 of the Government Code, a person who fails to disclose their reportable income, investments, or business interests may be liable for all amounts not properly reported.  Accordingly, Mrs. Barke could be liable for more than $2 Million over the last five years.  If the District Attorney or the FPPC decline to bring an action within 120 days, Judge Riddle can bring a civil action against Mrs. Barke for the amount not reported.

In addition to civil penalties, failure to disclose reportable income, investments, or business interests is a misdemeanor, which could lead to a sentence of six months in county jail for each offense, and a fine of up to 3 times the amount not reported (potentially more than $6 million).  The financial disclosure statements were signed under the penalty of perjury, which is a felony, punishable by up to four years in prison.  Additionally, any person convicted of failing to properly disclose their economic interests is disqualified from being a candidate for elected office or a lobbyist for a four-year period.

And Now — Another Missive from Lee Fink!

UDPATE – FAIR POLITICAL PRACTICES COMMISSION TO INVESTIGATE COUNTY BOARD OF EDUCATION MEMBER MARI BARKE

Investigation Stems from Complaint by Retired Federal Judge that Barke Has Failed to Disclose Millions of Dollars of Reportable Income and Business Interests

SANTA ANA – The California Fair Political Practices Commission (“FPPC”) announced that its Enforcement Division will investigate the allegations stemming from the six-count complaint filed against Orange County Board of Education member Mari Barke by retired US Bankruptcy Court Judge Lynne Riddle.  The complaint questions whether Barke failed to properly disclose potentially millions of dollars of income and business interests, submitting false information, under penalty of perjury, in the financial disclosure statements she filed as a candidate and member of the Orange County Board of Education.  Other than one $99 gift of hors d’oeuvres, Mrs. Barke claimed that neither she nor her husband had any reportable income or business interests since 2017.

The announcement was made by Christopher B. Burton, Acting Chief of the FPPC’s Enforcement Division in a February 22, 2023, letter to Judge Riddle.  Under FPPC practice, the FPPC only opens a case if the staff determines sufficient evidence is present to suggest a violation may have occurred.  The FPPC has broad power, and may “issue subpoenas for the . . . production of papers, books, accounts, documents . . . and testimony in an inquiry, investigation, hearing or proceeding pertinent or material thereto in any part of the state.”  (Gov. Code, §§ 11181, 83118.)  In addition to administrative proceedings, the FPPC may (with the consent of the District Attorney) institute a civil action against Mrs. Barke.

In response to the announcement, Judge Riddle issued the following statement:  “I am pleased that the FPPC has taken this complaint seriously.  The evidence is clear that Mrs. Barke failed to disclose substantial amounts of income and business interests since she became a candidate for the Board of Education.  It is necessary for the FPPC to get to the bottom of the issue by conducting a thorough investigation to determine just how much she failed to disclose, and what conflicts of interest might exist.  Enforcing these requirements is critical to retain public integrity.”

In addition to the complaint with the FPPC, Judge Riddle referred the matter to both the Attorney General and the Orange County District Attorney for criminal investigation, and requested that the Orange County District Attorney and/or the FPPC bring a civil action to enforce the Code.  Pursuant to Section 91004 of the Government Code, a person who fails to disclose their reportable income, investments, or business interests may be liable for all amounts not properly reported.  Accordingly, Mrs. Barke could be liable for more than $2 Million over the last five years.  If the District Attorney or the FPPC declines to bring a civil action within 120 days, Judge Riddle can bring a civil action herself against Mrs. Barke for the amount not reported.

A copy of the FPPC Letter, Judge Riddle’s original complaint, and the earlier press release on this matter is attached.

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